Opinion
March 29, 1995
Appeal from the Supreme Court, Queens County (Golar, J.).
Ordered that the order is affirmed, without costs or disbursements.
For the State to retain a person for involuntary care and treatment, the law requires more than a mere showing of mental illness. Rather, the State must prove, by clear and convincing evidence, not only that the person is mentally ill but also that he poses a substantial threat of physical harm to himself or others (see, Addington v. Texas, 441 U.S. 418, 425; Matter of Jeannette S., 157 A.D.2d 783; Matter of Edward L., 137 A.D.2d 818; Matter of Carl C., 126 A.D.2d 640; Matter of Harry M., 96 A.D.2d 201).
On this record, a showing that the respondent poses a substantial threat of physical injury to himself or others has not been made by clear and convincing evidence. There was no factual basis to controvert the testimony of the respondent and the court-appointed psychiatrist that the respondent did not pose a substantial threat of physical harm to himself or others. Sullivan, J.P., Lawrence, Copertino and Joy, JJ., concur.